THORNTAIL HARD AGAVE TEXT-TO-WIN SWEEPSTAKES
OFFICIAL RULES
NO PURCHASE NECESSARY TO ENTER, WIN, OR CLAIM A PRIZE. A PURCHASE OR PAYMENT WILL NOT INCREASE AN ENTRANT'S CHANCES OF WINNING. OPEN ONLY TO LEGAL RESIDENTS OF OREGON AND WASHINGTON. VOID ELSEWHERE AND WHERE PROHIBITED.
NO ALCOHOLIC BEVERAGES ARE AWARDED AS PART OF ANY PRIZE.
MESSAGE AND DATA RATES MAY APPLY.
SWEEPSTAKES DETAILS
Thorntail Hard Agave Text-To-Win Sweepstakes ("Sweepstakes"), begins at 12:00 AM Eastern Time ("ET") on July 22, 2024 and will end at 11:59:59 PM ET on September 15, 2024 ("Sweepstakes Period"). The Administrator's computer is the Sweepstakes official clock.
Participation constitutes entrant's full and unconditional agreement to these Official Rules and Sponsor and Administrator's decisions, which are final and binding in all matters related to the Sweepstakes.
ELIGIBILITY
This Sweepstakes is open only to legal residents of Oregon and Washington who are at least twenty-one (21) years of age at the time of entry. Employees, officers, directors, representatives, and agents of Sponsor, Administrator, and each of their respective parent companies, subsidiaries, affiliates, advertising and promotion agencies, vendors (collectively, "Sweepstakes Entities") and each of their immediate family members (e.g., spouse, parent, child, sibling, and their respective spouses and the "steps" of each, regardless of where they reside) and persons living in the same household of each, whether or not related, alcoholic beverage suppliers, wholesalers, distributors, and importers, and alcoholic beverage retailers and their employees and family members are not eligible to enter or win. All applicable federal, state, and local laws and regulations apply. Void where prohibited or restricted by law.
SPONSOR AND ADMINISTRATOR
Sponsor: Thorntail Hard Agave ("Sponsor"), 4700 9th Ave NW, Suite B, Seattle, WA 98107. Administrator: Avid Marketing Group ("Administrator"), 100 Corporate Place, #200, Rocky Hill, CT 06067-1008.
HOW TO ENTER
There are two (2) ways to enter this Sweepstakes:
Text Method of Entry: During the Sweepstakes Period, eligible entrants may access the entry form by texting from their SMS-enabled mobile device the keyword "THORNTAIL" ("Keyword") to the short code 24272 ("Short Code"). Once the text message is received, the entrant will be sent a reply text message asking entrant to provide their date of birth, state location, a valid email address, and full first/last name (no initials). Upon receipt of the required information entrant will receive one (1) entry into the Sweepstakes ("Text Message Entry"). Only text messages to the Short Code with a valid Keyword and required information will be accepted as a valid Text Message Entry. IMPORTANT: Message and data rates may apply for each text message sent or received. Not all mobile telephone providers carry the service necessary to enter this Sweepstakes. Entrants should reference their wireless provider's pricing plans. NOTE: By texting the Keyword to the Short Code, you provide to the Sponsor and Administrator your express written consent for you to receive text messages from Sponsor using automated technology in response to your entry related to this Sweepstakes. Consent to receive text messages is not required or a condition of any purchase. An entrant may, at any time, choose to stop participating in this Sweepstakes by sending an opt-out text message stating "STOP" to the Short Code. If entrant sends an opt-out text message, they will be sent a reply text message, which will confirm that they has been unsubscribed and will receive no further text messages. For help, text the word "HELP" to the Short Code. Each Text Message Entry must be manually key-stroked/entered by the entrant.
Alternate Method of Entry: To enter the Sweepstakes without sending a text message, eligible entrants may send an email to promotionalsweepstakes@avidinc.com with your full first/last name, date of birth, state of residence, and a valid email address with the subject line labeled: THA6759371W Thorntail Hard Agave TTW Sweeps ("Alternate Entry"). Upon receipt of a valid Alternate Entry, entrant will receive one (1) entry into the Sweepstakes.
Limit: Regardless of the method of entry, there is a limit of one (1) entry per person during the Sweepstakes Period. Multiple entrants are not permitted to share the same email address. Any attempt by any entrant to obtain more than the stated number of entries using automated systems, multiple/different email addresses, identities, registrations, mobile device numbers, or any other methods will void that entrant's entries and will result in disqualification.
Winning a prize is contingent upon fulfilling all requirements set forth herein. All entries become the sole and exclusive property of the Sponsor and receipt of entries will not be acknowledged or returned. For purposes of this Sweepstakes, an entrant's e-mail address will be the e-mail address submitted at the time of entry. Entrants will not be allowed to change their e-mail address.
RANDOM DRAWING
Winner selection will be conducted by Administrator, whose decisions, along with the decisions of Sponsor, will be final and binding in all matters relating to this Sweepstakes. Administrator will randomly select the potential winner from all eligible entries received during the Sweepstakes Period. The random drawing will occur on or around September 13, 2024. There will be one (1) potential winner.
PRIZE AND APPROXIMATE RETAIL VALUE("ARV")
ONE (1) PRIZE: The prize is a branded Yeti cooler, hoodie, shirt, and hat ("Prize"). There will be one (1) total Prize available. The ARV of the Prize is $500. The odds of winning the Prize depend on the number of eligible entries received during the Sweepstakes Period.
Sponsor/Administrator are not responsible for, and winner will not receive any difference between the actual value and ARV of the Prize. Prize offered and awarded is not redeemable for cash. Prize details not specified herein shall be determined solely by Sponsor. Prize is non-transferable, and no substitution will be made except as provided herein at the Sponsor's sole discretion. Sponsor reserves the right to substitute the listed Prize, or component thereof, for one of equal or greater value if the designated Prize becomes unavailable for any reason. Brand name is used for prize identification purposes only and does not indicate a sponsorship or affiliation of any kind. Alcohol beverages are not part of the Prize.
VERIFICATION OF POTENTIAL WINNER
Potential winner will be notified by email or phone after the random drawing date with instructions on how to claim the Prize. If the Prize notification is returned as undeliverable, or if the potential winner does not comply with these Official Rules, or if the potential Prize winner cannot accept the Prize as stated, or if Sponsor, in its sole discretion, deems the potential winner ineligible to receive the Prize for any reason, the corresponding Prize will be forfeited in its entirety. Sponsor may choose to award a Prize to an alternate winner in a random drawing from among the remaining entries received. Administrator/Sponsor will make best efforts to award all Prizes. If a Prize remains unawarded after three (3) re-draws, the applicable Prize will remain unawarded. ALL FEDERAL, STATE, AND LOCAL TAXES IMPOSED ON THE ACCEPTANCE OF THE PRIZE ARE SOLELY THE RESPONSIBILITY OF THE WINNER.
ENTRY CONDITIONS AND RELEASE
By entering, each participant agrees to: (a) comply with and be bound by these Official Rules and the decisions of Sponsor and Administrator; (b) except where prohibited, release and hold harmless Sponsor, Administrator, the prize suppliers and any other organizations responsible for sponsoring, fulfilling, administering, advertising or promoting the Sweepstakes, and all of their respective affiliates and related entities and each of their respective officers, directors, agents, vendors, employees and other representatives (collectively, the "Released Parties") from and against any and all claims, expenses, and liability, including but not limited to negligence and damages of any kind to persons and property, including but not limited to invasion of privacy (under appropriation, intrusion, public disclosure of private facts, false light in the public eye or other legal theory), defamation, slander, libel, violation of right of publicity, infringement of trademark, copyright or other intellectual property rights, property damage, illness, death or personal injury arising out of or relating to a participant's entry, creation of an entry or submission of an entry, participation in the Sweepstakes, acceptance or use or misuse of prize (including any travel or activity related thereto) and/or the broadcast, exploitation or use of entry; and (c) except where prohibited, indemnify, defend and hold harmless the Released Parties from and against any and all claims, expenses, and liabilities (including reasonable attorneys' fees) arising out of or relating to an entrant's participation in the Sweepstakes and/or entrant's acceptance, use or misuse of a Prize.
Any personally identifiable information collected during an entrant's participation in the Sweepstakes will be collected by Sponsor, Administrator or other Sponsor designee and used by Sponsor, its affiliates, designees, agents and marketers for purposes of the administration and fulfillment of the Sweepstakes as described in these Official Rules.
PUBLICITY
Except where prohibited, participation in this Sweepstakes constitutes each winner's consent to Sponsor's and its agents' use of winner's name, likeness, photograph, voice, opinions and/or hometown and state for promotional purposes in any medium, worldwide, without further payment or consideration.
GENERAL CONDITIONS
Released Parties are not responsible for lost, late, incomplete, inaccurate, stolen, misdirected, undelivered, delayed, illegible, garbled or damaged entries, prize claims, email or mail; or for lost, interrupted or unavailable network, server, Internet Service Provider (ISP), website, or other connections, availability or accessibility or miscommunications or failed computer, satellite, telephone or cable transmissions, lines, or technical failure or jumbled, scrambled, delayed, or misdirected transmissions or computer hardware or software malfunctions, failures or difficulties, or other errors or difficulties of any kind whether human, mechanical, electronic, computer, network, typographical, printing or otherwise relating to or in connection with the Sweepstakes, including, without limitation, errors or difficulties which may occur in connection with the administration of the Sweepstakes, the processing of entries or prize claims, the announcement of the prize or in any Sweepstakes-related materials. Released Parties are not responsible for injury or damage to participants' or to any other person's computer related to or resulting from participating in this Sweepstakes or downloading materials from or use of the website. Administrator reserves the right to cancel, suspend and/or modify the Sweepstakes, or any part of it, if any fraud, technical failures or any other factor beyond Administrator's reasonable control impairs the integrity or proper functioning of the Sweepstakes, as determined by Administrator in its sole discretion. Administrator reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the entry process or the operation of the Sweepstakes or to be acting in violation of these Official Rules or any other promotion or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Sweepstakes may be a violation of criminal and civil law, and, should such an attempt be made, Administrator reserves the right to seek damages from any such person to the fullest extent permitted by law. Administrator's failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
Neither Sponsor nor Administrator have made any warranty, representation or guarantee, expressed or implied, in fact or in law, with respect to any prize awarded, and specifically disclaim all such warranties, representations or guarantees, including, without limitation, any warranty of merchantability or fitness for a particular purpose.
In the event of a dispute as to any registration or entry, the authorized account holder of the email address used to register will be deemed to be the entrant. The "authorized account holder" is the natural person assigned an email address by an Internet access provider, online service provider, Internet service provider, or other organization responsible for assigning email addresses for the domain associated with the submitted address. Each potential winner may be required to show proof of being the authorized account holder.
LIMITATIONS OF LIABILITY
The Released Parties are not responsible for: (a) any incorrect or inaccurate information, whether caused by entrants, printing errors or by any of the equipment or programming associated with or utilized in the Sweepstakes; (b) technical failures of any kind, including, but not limited to malfunctions, interruptions or disconnections in phone lines or network hardware or software; (c) unauthorized human intervention in any part of the entry process or the Sweepstakes; (d) technical or human error which may occur in the administration of the Sweepstakes or the processing of entries; or (e) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant's participation in the Sweepstakes or receipt or use or misuse of any prize. If for any reason an entrant's entry is confirmed to have been erroneously deleted, lost or otherwise destroyed or corrupted, entrant's sole remedy is another entry in the Sweepstakes, provided that if it is not possible to award another entry due to discontinuance of the Sweepstakes, or any part of it, for any reason, Sponsor, at its discretion, may elect to hold a random drawing from among all eligible entries received up to the date of discontinuance for any or all of the prizes offered herein. No more than the stated number of prizes will be awarded. In the event that production, technical, seeding, programming or any other reasons cause more than the stated number of prizes as set forth in these Official Rules to be available and/or claimed, Sponsor reserves the right to award only the stated number of prizes by a random drawing among all legitimate, unawarded, eligible prize claims.
If any provision of these Official Rules or any word, phrase, clause, sentence, or other portion thereof should be held unenforceable or invalid for any reason, then that provision or portion thereof shall be modified or deleted in such manner as to render the remaining provisions of these Official Rules valid and enforceable. The invalidity or unenforceability of any provision of these Official Rules will not affect the validity or enforceability of any other provision. No participant shall have the right to modify or amend these Official Rules. Sponsor's failure to enforce any term of these Official Rules shall not constitute a waiver of that provision and such provision shall remain in full force and effect. In the event of any conflict with any Sweepstakes details contained in these Official Rules and Sweepstakes details contained in any promotional materials (including but not limited to point of sale, television and print advertising, promotional packaging and other promotional media), the details of the Sweepstakes as set forth in these Official Rules shall prevail.
CHOICE OF LAWS AND DISPUTES
By entering the Sweepstakes, entrants agree that all issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, participant's rights and obligations, or the rights and obligations of Sponsor in connection with the Sweepstakes shall be governed by laws of the State of Connecticut, without giving effect to any choice of law or conflict of laws principles.
Entrants agree that: (a) any and all disputes, claims and causes of action arising out of or connected with this Sweepstakes, or any prizes awarded, shall be resolved individually, without resort to any form of class action; (b) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Sweepstakes, but in no event attorneys' fees; and (c) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU.
ENTRANT'S PERSONAL INFORMATION
Information collected from entrants is subject to Administrator's Privacy Policy, which is available at https://www.avidinc.com/terms.
WINNERS LIST
For a list of winners, please send a self-addressed stamped envelope to "THA6759371W Thorntail Hard Agave Text To Win Sweepstakes - Winner's List", c/o Avid Marketing Group P.O. Box 1008, Rocky Hill, CT 06067-1008. Requests must be received by November 13, 2024.
© Thorntail Hard Agave, 2024. All rights reserved.